IAT 1. The fact that conditions in a country are unstable or fluid does not necessarily mean the AIT will avoid producing country guidance decisions relating to risk categories in that country.
2. Generally speaking and given recent developments, it would only be in the exceptional case that an appellant could show a continuing risk of persecution or serious harm or treatment contrary to Article 3 by virtue of being perceived by the authorities in Nepal as a Maoist.
3. Similarly, it will only be in very limited cases that a person would be able to show he or she faces risk in his or her home area at the hands of the Maoists.
4. However, even those able to show a risk (from Maoists) on return to their home area (such as businessmen, industrialists and entrepeneurs), will generally have a viable internal relocation alternative in Kathmandu. Only in an exceptional case would this not be so.
Citations:
[2006] UKAIT 00076
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 08 July 2022; Ref: scu.246945